Backup Documents 11/09/2021 Item #16F 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. 'I he completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 11/16/2021
4. BCC Office Board of County PT by JMH 11/16/2021
Commissioners /s/
5. Minutes and Records Clerk of Court's Office
r 111142DV -:431014t
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Geofg Willig/County Manager's Office Contact Information 239-252-8369
Contact/Department
Agenda Date Item was October 26,2021 Agenda Item Number 16F6
Approved by the BCC
Type of Document Third Amendment to the Long-Term Lease and Number of Original 1
Attached Operating Agreement for the Golf and Documents Attached
Entertainment Complex(the"Lease")with CC
BSG Naples,LLC("BigShots")to Extend the
Financing Contingency Period.
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be GW
signed by the Chairman,with the exception of most letters,must be reviewed and signed by
the Office of the County Attorney.
All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the GW
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's GW
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on October 26,2021 and all changes made GW
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the B
all changes directed by the BCC have been made,and the document is ready for the A\
Chairman's signature.
16F 6
MEMORANDUM
Date: November 18, 2021
To: Geoffrey Willig, Sr. Operations Analyst
County Manager Office
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: 3rd Amendment to Long-Term Lease & Operating Agreement
"Golf and Entertainment Complex
CC BSG Naples, LLC (BigShots)
Attached is a scanned copy of the document referenced above, (Item #16F6)
approved by the Board of County Commissioners on Tuesday, October 26, 2021.
The original has been held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16F 6
THIRD AMENDMENT TO COLLIER COUNTY STANDARD FORM
LONG-TERM LEASE AND OPERATING AGREEMENT
FOR THE
GOLF AND ENTERTAINMENT COMPLEX
TO EXTEND THE FINANCING CONTINGENCY PERIOD
THIS THIRD AMENDMENT TO THE COLLIER COUNTY STANDARD FORM LONG-
TERM LEASE AND OPERATING AGREEMENT FOR THE GOLF AND ENTERTAINMENT
COMPLEX TO EXTEND THE FINANCING CONTINGENCY PERIOD (the"Amendment"), is entered
into this 26th day of October, 2021, by and between CC BSG Naples, LLC, a Nevada limited liability
company, registered to do business in the State of Florida, whose mailing address is 3030 LBJ Freeway,
Suite 600, Dallas, Texas 75234, hereinafter referred to as "Lessee or BigShots," and Collier County, a
political subdivision of the State of Florida, whose mailing address is do Real Property Management,
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, hereinafter referred to as "Lessor or
County,"collectively referred to as the"Parties."
WITNESSETH
WHEREAS, the Lessor and Lessee have previously entered into a Lease Agreement dated May
25, 2021, hereinafter referred to as the "Lease," which is incorporated herein by reference and is made a
part hereof this Amendment; and
WHEREAS, on September 13, 2021,the Lessee and Lessor entered into a First Amendment to the
Lease extending the Financing Contingency period set forth in Article 4 of the Lease to the earlier of
October 31, 2021, or the delivery of a loan commitment letter from the Lessee's lender, with an effective
date of September 1,2021; and
WHEREAS, on October 12, 2021, the Lessee and Lessor entered into a Second Amendment to the
Lease to amend and clarify the legal description of the leased premises;and
WHEREAS, the Lessee has informed the Lessor that it has received and executed a loan
commitment letter with its local lending partner, and is in the process of obtaining its financing for the
project related to the Lease but requires additional time to complete the loan closing with its lender; and
WHEREAS,the Parties are desirous of further amending the Lease to allow for a further extension
of the Financing Contingency period set forth in Article 4 of the Lease through and including November
30, 2021.
NOW, THEREFORE, in consideration of the covenants and agreements provided within the
Lease, and Ten Dollars ($10.00)and other valuable consideration, the Lease is hereby further amended as
follows:
1. The above recitals are incorporated into this amendment as if fully set forth herein.
16f 6
2. Article 4 of the Lease shall be amended and replaced with the following:
Financing Contingency. Lessee shall have through and including November 30, 2021,
("Contingency Period") to secure financing for construction of the BigShots Facility. Lessor may,
at the request of Lessee, and provided Lessee is diligently pursuing such financing, extend the
Contingency Period. In the event Lessee is unable to secure financing on terms acceptable to
Lessee in its sole discretion, Lessee shall have the right to terminate this Lease without penalty by
giving Lessor notice of termination prior to the expiration of the Contingency Period.
3. Except as expressly provided herein, the Lease remains in full force and effect according to the
terms and conditions contained therein, and said terms and conditions are applicable hereto except as
expressly provided otherwise herein.
Signatures appear on the following page.
2
16F 6
IN WITNESS WHEREOF,the Lessee and Lessor have hereto executed this Third Amendment the
day and year first above written,with an effective date of October 26, 2021.
AS TO THE LESSOR:
ATTEST:
Crystal K. Kipzel,Clerk of the BOARD OF COUNTY COMMISSIONERS,
Circuit Court and Comptroller COLLIE C TY, FLORID
C\14 -
BY: ili • . _, All
BY:
De
u Cl p sty r envy Tayl , Chair
Attest as to Chairman's 4
signature only.
Ap as to fo nd legality:
pr :
1-1 Al-Gxe--d L
Scott R. Teach
Deputy County Attorney
i 6tf
3
16F 6
AS TO THE LESSEE:
CC BS N ples� LLZS,, a Nevada limited liability
comp / / s
i ess (sign ture) David Pillsbury,Presiders
(print nam ) Date: l ck,
Witness (signature)
�� \�. 'A�oY\S
(print name)
4